Tourism Australia (Repeal and Transitional Provisions) Bill 2004
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2002 - 2003 - 2004 THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
TOURISM AUSTRALIA (REPEAL AND TRANSITIONAL PROVISIONS) BILL 2004
EXPLANATORY MEMORANDUM (Circulated by authority of the Minister for Small Business and Tourism,
The Hon Joe Hockey MP)
TOURISM AUSTRALIA (REPEAL AND TRANSITIONAL PROVISIONS) BILL 2004
GENERAL OUTLINE
This Bill is an adjunct to the Tourism Australia Bill 2004. The Tourism Australia (Repeal and Transitional Provisions) Bill 2004 has two main objectives. Firstly, the Bill repeals the Australian Tourist Commission Act 1987.
Secondly, the Transitional Bill puts in place arrangements to facilitate the merger of the undertakings and employees of three existing key tourism bodies, namely, the Australian Tourist Commission, the Bureau of Tourism Research and the Tourism Forecasting Council, into Tourism Australia. The functions and employees of See Australia Limited, a private company, will also be transferred to Tourism Australia. This will be achieved outside the legislation.
The Tourism Australia Bill 2004 provides for the establishment of Tourism Australia. Tourism Australia is the key initiative of the Tourism White Paper, which was launched by the Prime Minister in November 2003. Tourism Australia will harness the skills of four of Australia's key tourism bodies under one umbrella. A smooth transition of these bodies into Tourism Australia will ensure that the Australian tourism industry can capitalise on the upcoming launch of Brand Australia and maintain the momentum of recent growth in both international and domestic tourism.
Like the Tourism Australia Bill 2004, this Bill has been drafted in consultation with the Tourism Australia Structural Reform Group, which was established following the launch of the White Paper.
The Australian Tourist Commission is a statutory body corporate continued in existence under the Australian Tourist Commission Act 1987. On repeal of this Act, the Australian Tourist Commission will cease to exist. Provisions in the Bill will be used to effect the seamless transfer of the assets, liabilities, contracts and employees of the Australian Tourist Commission to Tourism Australia without the need for any conveyance, transfer or assignment.
The Bureau of Tourism Research and Tourism Forecasting Council are administrative bodies within the Department of Industry, Tourism and Resources. Provisions are included in the Bill to effect the transfer, via Ministerial declaration, of the assets, liabilities and contracts of the Commonwealth which relate to the activities of the Bureau of Tourism Research and the Tourism Forecasting Council to Tourism Australia.
The Australian Government will transfer ownership of intellectual property which relates to the activities of the Bureau of Tourism Research and the Tourism Forecasting Council to Tourism Australia. Certain Commonwealth-owned tourism trade marks, currently licensed for use by See Australia Limited, will also be transferred to Tourism Australia. This recognises the need for Tourism Australia to be independent and operate at `arms length' from Government.
Tourism Australia will employ staff by virtue of its enabling legislation. The Bill makes provision for the employees of the Australian Tourist Commission (other than the Managing Director) to become employees of Tourism Australia on the commencement day. Employees will be engaged by Tourism Australia on the same terms and conditions as they are currently employed by the Australian Tourist Commission. The service of a transferred Australian Tourist Commission employee as an employee of Tourism Australia will also be taken to have been continuous for the purposes of leave and other entitlements.
Employees of the Bureau of Tourism Research and the Tourism Forecasting Council will be transferred to Tourism Australia using mechanisms prescribed in section 72 of the Public Service Act 1999. Section 72 provides that transferred employees are entitled to remuneration and other conditions of employment that are not less favourable than the terms and conditions to which they are entitled as an Australian Public Service employee. This provision will be given effect to administratively.
Employees of Tourism Australia will be covered by either the Public Sector Superannuation Scheme or the Commonwealth Superannuation Scheme.
In the event that there is insufficient time to appropriately identify and appoint the full Tourism Australia Board prior to Tourism Australia's commencement date, the Bill contains provisions that will allow the appointment of a small acting Board for an interim period of no longer than 6 months. These provisions have been included in the Bill to ensure continuity of business in light of the immediate decisions which will need to be made for the operation of Tourism Australia.
The Tourism Australia (Repeal and Transitional Provisions) Bill 2004 provides the mechanism for a smooth start to a new era in Australian tourism.
FINANCIAL IMPACT STATEMENT
Back to Top The repeal and transitional arrangements for the establishment of Tourism Australia will require no additional funding under the
Tourism Australia (Repeal and Transitional Provisions) Bill 2004. Funding for Tourism Australia will comprise of existing funding previously allocated for the four bodies merging to form Tourism Australia, and the bulk of the $235 million in additional funding allocated as part of the Tourism White Paper package.
NOTES ON CLAUSES
Part 1 - Preliminary
Clause 1: Short title
1. Clause 1 provides for the Act to be cited as the Tourism Australia (Repeal and Transitional Provisions) Act 2004.
Clause 2: Commencement
2. Clause 2 specifies the dates of commencement of the various provisions in the Act. These are listed in the table. Part 1 and Parts 3 to 7 will commence on the day the Act receives Royal Assent. Part 2 of the Act will commence at the same time as sections 3 to 64 of the Tourism Australia Act 2004, to be set by proclamation.
Clause 3: Extended geographical application of this Act
3. The Act will apply to all external territories of Australia. The Act will apply both within and outside Australia.
Clause 4: Definitions
4. Clause 4 defines the meaning of particular terms used in the Act.
Part 2 - Repeal of the Australian Tourist Commission Act 1987
Clause 5: Repeal of the Australian Tourist Commission Act 1987
5. This clause repeals the Australian Tourist Commission Act 1987 (ATC Act).
Part 3 - Transitional provisions relating to the repeal of the Australian Tourist Commission Act 1987
Clause 6: Transfer of assets and liabilities
6. Clause 6 provides that on the proclamation day, the assets and liabilities of the Australian Tourist Commission (ATC) will cease to be the assets and liabilities of the ATC and will become the assets and liabilities of Tourism Australia, without the need for any formal conveyance, transfer or assignment. Tourism Australia will become the ATC's successor in law in respect to those assets and liabilities.
Clause 7: Registration of land transfers
7. Clause 7 gives the Secretary of the Department of Industry, Tourism and Resources the power to sign and lodge with a land registration official certificates which identify any right, title or interest in land which is vested in Tourism Australia under Part 3. In doing so, clause 7 ensures that there is appropriate power in a land registration official to register the transfer in the usual way.
Clause 8: Certificates in relation to assets other than land
8. Clause 8 gives the Secretary of the Department of Industry, Tourism and Resources the power to sign and lodge, with an assets official, certificates which identify any asset other than land which is vested in Tourism Australia under Part 3. In doing so, clause 8 ensures that there is appropriate power in the assets official to register the transfer in the usual way.
Clause 9: Transfer of pending proceedings
9. Clause 9 provides that if Tourism Australia becomes the successor in law of the ATC in respect of any asset or liability transferred from the ATC, then Tourism Australia will, by force of clause 9, be substituted for the ATC to any proceedings that the ATC is a party to that are pending in any court or tribunal before the proclamation day and are related, in whole or in part, to the asset or liability.
Clause 10: References in certain instruments
10. Clause 10 provides that instruments relating to the ATC will continue to have effect as if a reference in the instrument to the ATC were a reference to Tourism Australia. This applies to any instruments in operation before the proclamation day to which the ATC is a party, which was given to or in favour of the ATC, in which a reference is made to the ATC or under which any right or liability accrues or may accrue to the ATC. In this section, an instrument does not include regulations or any other instrument made under the Superannuation Act 1922, the Superannuation Act 1976 or the Superannuation Act 1990.
Clause 11: Exemption from stamp duty and other State or Territory taxes
11. Clause 11 provides for an exemption from State/Territory stamp duty and other State/Territory taxes in relation to an exempt matter. An "exempt matter" is defined to mean the transfer of an asset or a liability under clause 6 or the operation of Part 3 in any other respect. The Minister may certify in writing that a specified matter is an exempt matter or that a specified thing was done in connection with a specified exempt matter. In all courts, and for all purposes (other than for the purposes of criminal proceedings), a certificate issued by the Minister under this clause is evidence of the matters stated in the certificate.
Clause 12: Transfer of staff
12. Clause 12 provides that all employees of the ATC
Back to Top employed under section 42 of the ATC Act
will, on the proclamation day, be transferred to Tourism Australia and employed under section 55 of the
Tourism Australia Act 2004.
Clause 13: Terms and conditions of transferred employees
13. Clause 13 (1)(a) provides that an ATC employee transferred to Tourism Australia will be taken to have been engaged by Tourism Australia on the same terms and conditions of employment as those that applied to the person immediately before the proclamation day. Further, each transferred employee will be taken to have accrued an entitlement to benefits that are equivalent to the benefits the employee had accrued as an employee of the ATC (clause 13(1)(b)).
14. Clause 13 (2) provides that the service of an employee transferred from the ATC to Tourism Australia will be taken to be continuous.
15. An employee of the ATC transferred to Tourism Australia is not entitled to receive any payment or other benefit, such as redundancy or termination payments, due to the repeal of the ATC Act or the transfer of that person's employment to Tourism Australia (clause 13 (3)).
16. Clause 13(4) ensures, in effect, that the terms and conditions of the current ATC Enterprise Bargaining Agreement will not form part of the no-disadvantage test (under paragraph 170XA of the Workplace Relations Act 1996) if a new agreement is negotiated with the staff of Tourism Australia.
Clause 14: Variation of terms and conditions of employment
17. Clause 14 provides that the terms and conditions of employment for transferred ATC employees can be subject to variation, after the proclamation day, in accordance with those terms and conditions or under a law, award, determination or agreement. Under this section, vary, in relation to terms and conditions, includes omitting, adding, or substituting.
Clause 15: Maternity leave starting before proclamation day
18. Clause 15 provides for female employees of the ATC who were on maternity leave before or on the proclamation day to continue to have access to maternity leave after the employee is transferred to Tourism Australia.
Clause 16: Maternity leave starting after proclamation day
19. Clause 16 provides for the continuation of maternity leave entitlements for female employees after they have transferred from the ATC to Tourism Australia, for the period of up to 9 months after the transfer day.
Clause 17: Final annual report
20. Clause 17 (1) provides that for each transitional reporting period, the government member of the Tourism Australia Board will be responsible for the preparation of the ATC's annual report.
21. Clause 17 outlines the periods that the final annual report will relate to, depending on the proclamation day. If the proclamation day is:
§ 1 July 2004, the 2003 - 04 financial year is a transitional reporting period;
§ after 1 July 2004, but is on or before 1 October 2004, the period 1 July 2003 to the day immediately before the proclamation day is the transitional reporting period;
§ after 1 October 2004, the 2003 - 04 financial year is a transitional reporting period, and the period 1 July 2004 to the day immediately before the proclamation day will also be a transitional reporting period.
22. Each transitional reporting period is to be treated as a financial year.
Tourism Australia will fund the preparation of the ATC's final annual report (clause 17 (6)), and must provide the government member with any assistance in preparing the final annual report (clause 17 (7)).
23. The government member's preparation and sign off of the final annual report meets the ATC's obligations under section 9 of the Commonwealth Authorities and Companies Act 1997 (clause 17 (8)).
Part 4 - Transitional provisions: Bureau of Tourism Research
Clause 18: Definition
24. Clause 18 defines the Bureau of Tourism Research (BTR).
Clause 19: Transfer of assets from Commonwealth to Tourism Australia
25. Clause 19 provides the Minister with a mechanism to make a written declaration which will identify and transfer to Tourism Australia, with effect from the proclamation day, the relevant assets of the Commonwealth which relate to the BTR's activities, including intellectual property, without the need for any formal conveyance, transfer or assignment. Tourism Australia will become the BTR's (the Commonwealth's) successor in law in respect to those assets and any instruments relating to the assets will continue to have effect as if a reference in the instrument to the Commonwealth or the BTR were a reference to Tourism Australia.
Clause 20: Transfer of liabilities from Commonwealth to Tourism
Back to Top Australia
26. Clause 20 provides the Minister with a mechanism to make a written declaration which will identify and transfer to Tourism Australia, with effect from the proclamation day, the relevant liabilities of the Commonwealth which relate to the BTR's activities without the need for any formal conveyance, transfer or assignment. Tourism Australia will become the BTR's (the Commonwealth's) successor in law in respect to those liabilities and any instruments relating to the liabilities will continue to have effect as if a reference in the instrument to the Commonwealth or the BTR were a reference to Tourism Australia.
Clause 21: Transfer of contractual rights and liabilities from Commonwealth to Tourism Australia
27. Clause 21 provides the Minister with a mechanism to make a written declaration which will identify and transfer to Tourism Australia, with effect from the proclamation day, the relevant contractual rights and liabilities of the Commonwealth which relate to the BTR's activities.
28. Tourism Australia will become the BTR's (the Commonwealth's) successor in law in respect to those rights and liabilities (clause 21 (4)) and any instruments relating to the contracts will continue to have effect as if a reference in the instrument to the Commonwealth or the BTR were a reference to Tourism Australia.
Clause 22: Certificates in relation to assets other than land
29. Clause 22 gives the Secretary of the Department of Industry, Tourism and Resources the power to sign and lodge, with an assets official, certificates which identify any asset other than land which is vested in Tourism Australia under Part 3. In doing so, it ensures that there is appropriate power in the assets official to register the transfer in the usual way.
Clause 23: Exemption from stamp duty and other State or Territory taxes
30. Clause 23 provides for an exemption from State/Territory stamp duty and other State/Territory taxes in relation to an exempt matter. An "exempt matter" is defined as the transfer of an asset (under section 19), the transfer of a liability (under section 20), the transfer of a right or liability (under section 21) or the operation of Part 4 in any other respect. The Minister may certify in writing that a specified matter is an exempt matter or that a specified thing was done in connection with a specified exempt matter. In all courts, and for all purposes (other than for the purpose of criminal proceedings), a certificate issued by the Minister under this clause is evidence of the matters stated in the certificate.
Clause 24: Transfer of pending proceedings
31. Clause 24 provides that if Tourism Australia becomes the successor in law of the BTR (the Commonwealth) in respect of any asset or liability transferred from the BTR (the Commonwealth), then Tourism Australia will, by force of clause 24, be substituted for the BTR to any proceedings that the BTR (the Commonwealth) is a party to that are pending in any court or tribunal before the proclamation day and are related, in whole or in part, to the asset or liability.
Clause 25: Maternity leave starting before proclamation day
32. Clause 25 provides for female employees of the BTR, transferred through subsection 72 (1) of the Public Service Act 1999 and who were on maternity leave before or on the proclamation day to continue to have access to maternity leave after the employee is transferred to Tourism Australia.
Clause 26: Maternity leave starting after proclamation day
33. Clause 26 provides for the continuation of maternity leave entitlements for female employees of the BTR, transferred through subsection 72 (1) of the Public Service Act 1999 after they have transferred from the BTR to Tourism Australia , for the period of up to 9 months after the proclamation day.
Part 5 - Transitional provisions: Tourism Forecasting Council
Clause 27: Definition
34. Clause 27 defines the Tourism Forecasting Council (TFC).
Clause 28: Transfer of assets from Commonwealth to Tourism Australia
35. Clause 28 provides the Minister with a mechanism to make a written declaration which will identify and transfer to Tourism Australia, with effect from the proclamation day, the relevant assets of the Commonwealth which relate to the TFC's activities, including intellectual property, without the need for any formal conveyance, transfer or assignment. Tourism Australia will become the TFC's (the Commonwealth's) successor in law in respect to those assets, and any instruments relating to the assets will continue to have effect as if a reference in the instrument to the Commonwealth or the TFC were a reference to Tourism Australia.
Clause 29: Transfer of liabilities from Commonwealth to Tourism Australia
36. Clause 29 provides the Minister with a mechanism to make a written declaration which will identify and transfer to Tourism
Back to Top Australia, with effect from the proclamation day, the relevant liabilities of the Commonwealth which relate to the TFC's activities without the need for any formal conveyance, transfer or assignment. Tourism Australia will become the TFC's (the Commonwealth's) successor in law in respect to those liabilities and any instruments relating to the assets will continue to have effect as if a reference in the instrument to the Commonwealth or the TFC were a reference to Tourism Australia.
Clause 30: Transfer of contractual rights and liabilities from Commonwealth to Tourism Australia
37. Clause 30 provides the Minister with a mechanism to make a written declaration which will identify and transfer to Tourism Australia with effect from the proclamation day, the relevant contractual rights and liabilities of the Commonwealth which relate to the TFC's activities. Tourism Australia will become the TFC's (the Commonwealth's) successor in law in respect to those rights and liabilities (clause 30 (4)) and any instruments relating to the rights and liabilities will continue to have effect as if a reference in the instrument to the Commonwealth or the TFC were a reference to Tourism Australia.
Clause 31: Certificates in relation to assets other than land
38. Clause 31 gives the Secretary of the Department of Industry, Tourism and Resources the power to sign and lodge, with an assets official, certificates which identify any asset other than land which is vested in Tourism Australia under Part 5. In doing so, it ensures that there is appropriate power in the assets official to register the transfer in the usual way.
Clause 32: Exemption from stamp duty and other State or Territory taxes
39. Clause 32 provides for an exemption from State/Territory stamp duty and other State/Territory taxes in relation to an exempt matter. An "exempt matter" is defined as the transfer of an asset (under section 28), the transfer of a liability (under section 29), the transfer of a right or liability (under section 30) or the operation of Part 5 in any other respect. The Minister may certify in writing that a specified matter is an exempt matter or that a specified thing was done in connection with a specified exempt matter. In all courts, and for all purposes (other than for the purpose of criminal proceedings), a certificate issued by the Minister under this clause is evidence of the matters stated in the certificate.
Clause 33: Transfer of pending proceedings
40. Clause 33 provides that if Tourism Australia becomes the successor in law of the TFC (the Commonwealth) in respect of any asset or liability transferred from the TFC (the Commonwealth), then Tourism Australia will, by force of clause 33, be substituted for the TFC as a party to any proceedings that the TFC (the Commonwealth) may be party to that are pending in any court or tribunal before the proclamation day and are related, in whole or in part, to the asset or liability.
Clause 34: Maternity leave starting before proclamation day
41. Clause 34 provides for female employees of the TFC, transferred through subsection 72 (1) of the Public Service Act 1999 and who were on maternity leave before or on the proclamation day to continue to have access to maternity leave after the employee is transferred to Tourism Australia.
Clause 35: Maternity leave starting after proclamation day
42. Clause 35 provides for the continuation of maternity leave entitlements for female employees of the TFC, transferred through subsection 72 (1) of the Public Service Act 1999 after they have transferred from the TFC to Tourism Australia, for the period of up to 9 months after the proclamation day.
Part 6 - Transitional provisions: other Commonwealth assets and liabilities
Clause 36: Definition
43. Clause 36 defines the term tourism trade mark. Tourism trade marks refers to Commonwealth owned trade marks (including `SEE AUSTRALIA', `GO ON GET OUT THERE' and other associated trade marks) that were at any time before the proclamation day, licensed by the Commonwealth to See Australia Limited.
Clause 37: Transfer of assets from Commonwealth to Tourism Australia
44. Clause 37 provides the Minister with a mechanism to make a written declaration which will identify and transfer to Tourism Australia with effect from the proclamation day, the relevant assets of the Commonwealth that is, or relates to a tourism trade mark, without the need for any formal conveyance, transfer or assignment. Tourism Australia will become the Commonwealth's successor in law in respect to the tourism trade marks and any instruments relating to the assets will continue to have effect as if a reference in the instrument to the Commonwealth were a reference to Tourism Australia.
Clause 38: Transfer of liabilities from Commonwealth to Tourism Australia
45. Clause 38 provides the Minister with a mechanism to make a written declaration which will identify and transfer to Tourism
Back to Top Australia with effect from the proclamation day, the relevant liabilities of the Commonwealth that is, or relates to a tourism trade mark, without the need for any formal conveyance, transfer or assignment. Tourism Australia will become the Commonwealth's successor in law in respect to the liabilities and any instruments relating to the liabilities will continue to have effect as if a reference in the instrument to the Commonwealth were a reference to Tourism Australia.
Clause 39: Transfer of contractual rights and liabilities from Commonwealth to Tourism Australia
46. Clause 39 provides the Minister with a mechanism to make a written declaration which will identify and transfer to Tourism Australia with effect from the proclamation day the relevant contractual rights and liabilities of the Commonwealth in relation to the tourism trade marks. Tourism Australia will become the Commonwealth's successor in law in respect to those rights and liabilities (clause 39 (4)) and any instruments relating to those rights and liabilities will continue to have effect as if a reference in the instrument to the Commonwealth were a reference to Tourism Australia.
Clause 40: Certificates in relation to assets other than land
47. Clause 40 gives the Secretary of the Department of Industry, Tourism and Resources the power to sign and lodge, with an assets official, certificates which identify any asset other than land which is vested in Tourism Australia under Part 6. In doing so, it ensures that there is appropriate power in the assets official to register the transfer in the usual way.
Clause 41: Exemption from stamp duty and other State or Territory taxes
48. Clause 41 provides for an exemption from State/Territory stamp duty and other State/Territory taxes in relation to an exempt matter. An "exempt matter" is defined as the transfer of an asset (under section 37), the transfer of a liability (under section 38), the transfer of a contractual right or liability (under section 39) or the operation of Part 4 in any other respect. The Minister may certify in writing that a specified matter is an exempt matter or that a specified thing was done in connection with a specified exempt matter. In all courts, and for all purposes (other than for the purpose of criminal proceedings), a certificate issued by the Minister under this clause is evidence of the matters stated in the certificate.
Clause 42: Transfer of pending proceedings
49. Clause 42 provides that if Tourism Australia becomes the successor in law of the Commonwealth in respect of any asset or liability transferred from the Commonwealth (in relation to the tourism trade marks) then Tourism Australia will, by force of clause 42, be substituted for the Commonwealth as a party to any proceedings that the Commonwealth may be party to that are pending in any court or tribunal before the proclamation day and are related, in whole or in part, to the asset or liability.
Part 7 - Other matters
Clause 43: Certificates to be taken authentic etc
50. Clause 43 states that certificates, declarations or other documents made or issued under this Act or the regulations are to be taken as properly given unless the contrary is established.
Clause 44: Operation of Archives Act
51. Clause 44 ensures that the handling of Commonwealth records in relation to any transfers from the ATC, BTR and TFC will be in a manner that accords fully with the Archives Act 1983.
Clause 45: Publication of declarations
52. Clause 45 provides that any declarations or regulations made under this Act must be published in the Gazette within 14 days after the declaration or the proclamation day, whichever is later. Failure to comply with this does not affect the validity of a declaration.
Clause 46: Delegation by Minister
53. Clause 46 provides that the Minister may delegate - in writing - any or all of his or her powers or functions under the Act to the Secretary of the Department of Industry, Tourism and Resources, or a Senior Executive Service (SES) employee or acting SES employee in the Department of Industry, Tourism and Resources. The delegated officer must comply with any directions given by the Minister in respect of the delegation.
Clause 47: Delegation by Secretary
54. Clause 47 provides that the Secretary may delegate - in writing - any or all of his or her powers or functions under the Act to an SES employee, or an acting SES employee, in the Department of Industry, Tourism and Resources. The delegated officer must comply with any directions given by the Secretary in respect of the delegation.
Clause 48: Constitutional safety net
55. Clause 48 is a "Constitutional safety net" provision which provides that if a provision of the Act would result in an acquisition of property and the provision would not be valid because a particular person has not been compensated, the Commonwealth must pay that person:
• a reasonable amount of compensation agreed with the Commonwealth; or
• failing agreement, a reasonable amount of compensation determined by a court of competent jurisdiction.
Clause 49: Interim Board of Tourism Australia - calling a meeting
56. During the interim period, clause 49 (1) replaces paragraph 22 (3) (b) of the Tourism Australia Act 2004, and provides that the Chair of the Tourism Australia Board must convene a meeting of the Board if requested in writing by 1 or more members.
57. The interim period is defined in clause 49 (2) to mean the period that commences on the proclamation day and ends on the earlier of:
• the first day on which there are in effect 5 or more appointments to the Board of Tourism Australia under section 13 of the Tourism Australia Act 2004, or
• 6 months after the proclamation day.
Clause 50: Interim Board of Tourism Australia - quorum
58. During the interim period, clause 50 (1), replaces paragraph 24 (1) of the Tourism Australia Act 2004, and provides that a quorum, for a meeting of the Tourism Australia Board, is constituted by a majority of the members then holding office.
59. The purpose of clauses 49 and 50 is to enable a small acting Board of Tourism Australia to meet and conduct its business during the interim period, should the Board of Tourism Australia not yet be appointed.
Clause 51: Regulations
60. Clause 51 (1) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed or which are necessary or convenient for carrying out or giving effect to the Act. In particular, regulations can be made dealing with other transitional matters arising out of the repeal of the ATC Act and the enactment of this Act and the Tourism Australia Act 2004 (clause 51 (2)).
61. Clause 51 (3) provides that the regulations may empower the Minister to make declarations dealing with matters arising out of the repeal of the ATC Act and the enactment of this Act and the Tourism Australia Act 2004.